# '.

• DEPARTMENT OF HEALTH AND WELFARE

RULES AND REGULATIONS

ENVIRONMENT

TITLE I

CHAPTERS 1 THROUGH 8 

# •

# •• TITLE 1 

### Chapter 5 RULES, REGULATIONS AND STANDARDS FORHAZARDOUS WASTE 

# • TABLE OF CONTENTS

01.5000 LEGAL AUTHORITY

­
01.5001 TITLE
01.5002, INCORPORATION BY REFERENCE OF FEDERAL REGULATIONS 01.5002,01. 

### Exceptions 01.5002,02. 

### Availabilityof ReferencedMaterial
01.5003, DEFINITIONS 01.5003,01. 

### Act 01.5003,02. 

### Board 01.5003,03. 

### Department 01.5003,04. 

### Director 01.5003,05. 

### Environmental ProtectionAgency (E.P.A.) 01.5003,06. HWMA 01.5003,07. IDAPA 01.5003,08. 

### Regional Administrator 01.5003,09. TSD 01.5003,10. 

### United States

01.5004 HAZARDOUS WASTE MANAGEMENT SYSTEM 

# • 01.5005 IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
01.5006,STANDARDS APPLICABLE TOGENERATORS OF HAZARDOUS WASTE. 01.5006,01.

### Pretraniport Requirements for Generators of More Than 1,000 

### Kilograms of Hazardous Waste Per Month 01.5006,02.

### Pretransport Requirements for Generators of 100 

### to 1,000 

### Kilograms of Hazardous Waste Per Month

01.5007 STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE

01.5008 STANDARDS FOROWNERS AND OPERATORS OF HAZARDOUS WASTE co co TREATMENT, STORAGE AND DISPOSAL FACILITIES 0"> 

# - 01.5009 INTERIM STATUS STANDARDS FOROWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES
01.5010,STANDARDS FOR THEMANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE FACILITIES

01.5011 LAND DISPOSAL RESTRICTIONS

01.5012 HAZARDOUS WASTE PERMIT PROGRAM

01.5013 PROCEDURES FORDECISION-MAKING (STATE PROCEDURES FORRCRA OR HWMA PERMIT APPLICATIONSHAZARDOUS WASTE IDAPA 16.01.5000 CONTENTS

01.5014 INTERIM STATUSSURFACE IMPOUNDMENTS

01.5015

-- 01.5355 (RESERVED)
01.5356, VARIANCE APPLICATIONS FOR TSD FACILITIES OR SITES 

# G
01.5356,01. Application Contents and Standard of Review 01.5356,02. Public Hearings 01.5356,03. Public Information 01.5356,04. Director's Decision 01.5356,05. Applicant to Bear Costs

01.5357

-- 01.5499 (RESERVED)
01.5500, ROUTING OF HAZARDOUS WASTE SHIPMENTS 01.5500,01. Transporting 01.5500,02. Director's Conditions

01.5501

-- 01.5749 (RESERVED)'
01.5750, PUBLIC AND CONFIDENTIAL RECORDS 01.5750,01. Public Disclosure 01.5750,02. General Scope of Records 01.5750,03. Records Exempt from Disclosure 01.5750,04. Request Procedure and Appeals 01.5750,05. Fees 01.5750,06. Interagency and Intra-agency Disclosures

01.5751**~-** 01.5799 (RESERVED)
01.5800, INSPECTION PLAN 01.5800,01. Frequency Levels

01.5801-- 01.5849 (RESERVED)
01.5850, ILLEGAL ACTIONS 01.5850,01. False Statements or Representations 01.5850,02. Failure to ComplyWith These Rules, The HWMA, or Other Requirements

01.5851 01.5899 (RESERVED)

-01.5900 EXPENDITURES FROM HAZARDOUS WASTE EMERGENCY ACCOUNTS

01.5901

-- 01.5997 (RESERVED)

01.5998 INCLUSIVE GENDER AND NUMBER

01.5999 SEVERABILITY 

# c

### TITLE 1 Chapter 5 

### RULES, REGULATIONS AND STANDARDS FOR HAZARDOUS WASTE 

# • .. 01.5000 

### LEGAL AUTHORITY. These regulations are adopted pursuant to the authority vested in the Board of Health andWe1­ fare by the Hazardous Waste Management Act of 1983 

### (HWMA)
, Sections 39-4401 

### et seq., IdahoCode. (6-10-88)

01.5001 

### TITLE. These**re~ulations** 

### shall be known as IdahoDepartment of Health andWelfare Rules and Regulations, Title 1, Chapter 5, "Rules, Regulations and Standards for Hazardous Waste." (6-10-88)
01.5002,

### INCORPORATION BY REFERENCE OF FEDERAL REGULATIONS. Any reference in these rules to requirements, procedures, or specific forms contained in the Code of Federal Regulations (CFR), Title 40, 

### Parts 124, 260-266, 268 

### and 270, 

### shall constitute the full adoption by reference of that part and subpart as it appears in 40 

### CFR" revised as of July I, 1987, 

### including any notes and appendices

.therein, unless expresslyprovided otherwise in these

rules. Anumeric list of those subparts can be found in Appendix A. (6-10-88) 

# • 01. 

### Exceptions. Nothing in 40 

### CFR Parts 260

- 266,268, 270 

### or Part 124 

### as pertains topermits for Underground Injection Control (U.I.C.) under the Safe DrinkingWater Act, the Dredge or Fill. Program under Section 404 

### of the Clean Water Act, the National Pollution Discharge Elimination System (NPDES) under the CleanWater Act or Prevention of Significant Deterioration Program (PSD) under the Clean Air Act is 

### adopted or included by reference herein. (6-10-88)

02. 

### Availability of ReferencedMaterial. Copies of the federal regulations adopted by reference throughtout these rules are available in the following locations: (6-10-88)



### a. Superintendent of Documents, U.S. Government PrintingOffice, Washiungton, D.C. 20402: 

### and (6-10-88)


### b. Administrative Procedure Section, Idaho Department of Health and Welfare Central Office, 450 

### W. State Street, Boise, Idaho 83720; 

### and (6-10-88)



### c. All Regional Offices of the Idaho Department of Health andWelfare, as follows: (6-10-88) 

# • i. 

### Region 1,1120 

### Ironwood Drive, Coeur d'Alene, Idaho 83814• (6-10-88)



### ii. Region II, P.O. Drawer B, Lewiston,P-AZARDOUS WASTE IDAPA l6.01.5002,02.c.ii.

Idaho 83501. (6-10-88)

iii. Region III, P.O. Box 1219, Caldwell, Idaho 83606-1219. (6-10-88) 

# o
iv. Region IV, 1105 South Orchard, StatehouseMail.Boise.Idaho 83720. (6-10-88)



### v. Region V, P.O. Box 1509, Twin Falls, Idaho 83303-1509. (6-10-88)
vi. RegionVI, P.O. Box 4166, Pocatello, Idaho 83205-4166. (6-10-88)
vii. Region VII, 150 Shoup Avenue, Idaho Falls, Idaho 83405. (6-10-88)

d. Those libraries listed in Section 67-5205, Idaho Code. (6-10-88)

II \; 01.5003,DEFINITIONS. For the purpose of these rules and any materials incorporated herein by reference, the following definitions apply unless their application would be inconsistent with the Idaho HazardousWaste Management Act, or unless these regulations expressly provide for different definitions. (6-10-88)

01. Act. The Hazardous Waste Management Act of 1983, Section 39-4401 et seq., Idaho Code. (6-10,..88)

02. Board. The Idaho Board of Health and Welfare. (6-10-88)

03. Department. The Idaho Department of Health and Welfare. (6-10-88)

04. Director. The Director of the Idaho Department of Health and Welfare. (6-10-88)

05. Environmental Protection Agency (E.P.A.). The Idaho Department of Health and Welfare. (6-10-88)

06. HWMA. The Hazardous Waste Management Act. (6-10-88)

07. IDAPA. IdahoAdministrative Procedures Act, Chapter 52, Title 67, Idaho Code. (6-10-88)

08. Regional Administrator. The Director of the Idaho Department of Health and Welfare. (6-10-88)

09. TSD. Treatment, storage or disposal. (6-10-88)

10. United States. The Stateof Idaho. (6-10-88) 

# o cHAZARDOUS WASTE IDAPA 16.01.5004

01.5004 HAZARDOUS WASTE MANAGEMENT"SYSTEM. 40 CFRPart 260 and 

# • all subparts are herein incorporated by reference as provided in 40 CFR, revised as of July 1, 1987.(6-10-88)

01.5005 IDENTIFICATION AND LISTING OFHAZARDOUS WASTE. 40 CFR Part 261 and all subparts are herein incorporated by reference as provided in 40 CFR, revised as of July 1, 1987.**(6-10~88)** 01.5006,STANDARDS APPLICABLE TOGENERATORS OF HAZARDOUS WASTE. 40 CFRPart 262 and all subparts are herein incorporated by reference as provided in 40 CFR, revised as of July 1, 1987, as amended by Volume 52, Federal Register 25760 (July**8~** 1987). (6-10-88)



# • 01. Pretransport Requirementsjor Generators of More Than 1,000 Kilograms of Hazardous Waste Per Month. Emergency notification to the state by generators of more than one thousand (1,000) kilograms of hazardous waste per month. In addition to the emergency notification required by 40 CFR, Part 265.56(d)(2) (see 40 CFR 262.34(a)(4», the emergency coordinator must also immediately notify the State Communications Center by telephone,**1~800-632-8000,** to file an identical report. (6-10-88)

02. Pretransport Reguirements for Generators of 100 to 1,000 Kilograms of Hazardous Waste Per Month. Emergency notification to the state by generators of
one hundred (100) to one thousand (1,000) kilograms of hazardous waste per month. In addition to the emergency notification required by 40 CFR, Part 262.34(d)(5)(iv)(c), the emergency coordinator must also immediately notify the State Communications Center by telephone, 1-800-632-8000, to file an identical report. (6-10-88)

01.5007 STANDARDS APPLICABLETO TRANSPORTERS OFHAZARDOUS WASTE. 40 CFR Part 263 and all subparts are herein incorporated by reference as provided in 40 CFR, revised as of July 1, 1987. (6-10-88)

01.5008 STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES. 40 CFRPart 264 and all subparts (excluding 40 CFR, Parts 264.149 and 264.150) are herein incorporated by reference as provided in40 CFR, revised as of July 1,. 1987, as amended by Volume 52, Federal Register 25760 (July 8, 1987).**(6-10~88)** 

# • 01.5009 INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES. 40 CFR Part 265, and all subparts (excluding Subpart Rand 40 CFR Parts 265.149 and**265~150)** areHAZARDOUS WASTE IDAPA 16.01.5009

/ herein incorporated by reference as provided in 40 CFR, revised as of July 1, 1987, as amended by volume 52 Federal Register 25760 (July 8, 1987). (6-10-88) 

# o 01.5010, STANDARDS FOR .THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OFHAZARDOUS WASTE FACILITIES. 40 CFRPart 266 and all subparts by reference as provided in 40 1, 1987, except:

01. Subpart A: and

02. Subpart B. are herein incorporated CFR, revised as of July**(6-10~88)'** (6-10-88)**(6-10~88)** 01.5011 LAND DISPOSAL RESTRICTIONS. 40 CFR Part 268 and all subparts are herein incorporated by reference as provided in 40 CFR, revised as of July 1, 1987, as amended by Volume**52~** Federal Register 25760 (July 8, 1987).**How~ver,** the requirements of Sections 39-4403(14) and 39-4423, Idaho Code, shall be applied in all cases where these requirements are more stringent than the federal standards. (6-10-88)

01.5012 HAZARDOUS WASTE PERMIT PROGRAM. 40 CFRPart 270 and all subparts· are .herein incorporated by reference as provided in 40 CFR, revised as of July 1, 1987, as amended by Volume 52, Federal Register 25760 (July 8, 1987). (6-10-88)

01.5013 PROCEDURES FOR DECISION-MAKING (STATE PROCEDURES FOR

.RCRA OR HWMA PERMIT APPLICATIONS. 40 CFRPart 124,

Subpart A is herein incorporated by reference as provided in 40 CFR, revised as of July 1, 1987. (6-10-88)

01.5014 INTERIM STATUS SURFACE IMPOUNDMENTS. In accordance with Section 3005(j) of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6925 (j» which is herein incorporated by reference, surface impoundments in existence on November 8, 1984, and qualifying for interim status shall not receive, store or treat hazardous waste after November 8, 1988, unless retrofitted to meet standards applicable to new impoundments or subject to an Q exemption. Copies of the federal statute herein incorporated by reference are available in the locations pro**v~ded** in Section 01. 5002,02. of these rules. Standards applicable to new surface impoundments which are referenced in Section 3005(j) of RCRA as requirements of Section 3004(0) (42 U.S.C. 6924(0» appear in federal regulations as 40 CFR Sections 264.221-231 and 265.221-230 and are incorporated as provided in Sections 01.5008 and 01.5009 of these rules. (1-1-89)

01.5015

-- 01!5355 (RESERVED)
01.5356,VARIANCE APPLICATIONS FOR TSD FACILITIES OR SITES 

# oHAZARDOUS WASTE IDAPA 16.01.5356,01. 

# • 01. Application Contents and Standard of Review. Applications for variances shall be submitted in triplicate and shall contain such detailed plans, specifications, and information regarding objectives, procedures, controls, and other pertinent data as the Director may require. A variance shall not exceed one 

### (1) year in duration. The Director may grant a variance only if the applicant demonstrates to the Director's satisfaction that construction and operation of the TSD facility or site in the
manner allowed by the variance and any term or ·condition imposed as part of the variance: (6-10-88)



### a. Is required to avert unnecessary and significant hardship; (6-10-88)

b. Is not inconsistent with EPA requirements; and



# •

u w o


# •

### HAZARDOUS WASTE IDAPA 16.01.5356,Ol.b.

(6-10-88)

c. 

### Will not create a nuisance or a hazard to the public health, safetyor the environment. 

# o (6-10-88)
02. PublicHearings. The Director may hold a public hearing on an initial application for a varIance and shallhold a publichearing on any**applicatio~** 

### to renew or extenda variance. The pUblichearing shall be held at a location inthe countywhere the operations that are the subject of the application for the variance are conductedunless the Director determines that a different locationwould be more appropriate and convenient for interestedmembers of the public. The Director shall give at least twenty (20) days' notice of the hearing to the applicant by certified mail and shall cause at least one (1) publicationof notice ina newspaper with general circulation ineither the countywhere the operation is conductedor the countywhere the hearing is tobe held. The Director shall cause to be made a complete recordof the testimony and the evidence submittedat the hearing. (6-10-88)
-03. Public Information. All information submitted as part of a variance application shallbe treated as public informationand shall not be subject to any claim of confidentiality. The Director shallmake the applicationavailable for pUblic inspection at the Department's central office and at the appropriate local field officeof the Department's Divisionof Environment. The Director shallmake availablefor public inspectionat the Department's centraloffice and at all local field offices of the Department's Division of Environment a current list of pending applications for variances and a current schedule of pending variance hearings.. (6-10-88)
04. Director'sDecision. Novariance shallbe issued or denied until the Director has considered the rela­ tive interests of the applicant, other persons and propertyaffectedby the variance and the pUblic. Anyvariance grantedpursuant to this section shall be for a period specifiedby the Director. Novari­
ance shall be issuedor deniedwithout a written order stating the findings uponwhich the decision is based. (6-10-88)
05. Applicant toBear Costs. The cost ofpublicnotice, recording and transcribing of testimony and hearing facilities shall be borne by the applicant, regard­ less of whether or not a variance isissued. (6-10-88) 

# ·0

### HAZARDOUS WASTE IDAPA 16.01.5357

01.5357

-- 01.5499 (RESERVED) 

# 4It 01.5500, ROUTING OF HAZARDOUS WASTE SHIPMENTS
01. Transporting. Anyperson transporting a quantityof hazardous waste whichrequires a manifest shall, to the extentpossible: (6-10-88)

a. Use state and interstate highways; and (6-10-88)
b. Avoidmunicipalities and population centers, even when doing somayaddmiles to the distance traveled. (6-10-88)
02. Director's Conditions. The Director may, upon a finding that a shipment or shipments of hazardous wasteconstitutes a greater than normal risk to the public health, safetyor environment, prescribe by order particular conditions for that shipment or shipments including but not limited to special placarding, pilot vehicles, routing restrictions, parking restrictions and timing restrictions. (6-10-88)**01~5501** 

### -- 01.5749 (RESERVED) 01.5750, PUBLIC AND CONFIDENTIAL RECORDS 

# 4It
01. PublicDisclosure. Records obtainedby the Department or submitted to the Department pursuant to HWMA or these regulations shall be available to the public for inspection and copying upon request unless exempted from disclosure as provided by these regulations. (6-10-88)
02. General Scope of Records. "Records" mean any document, writing,. photograph, sound or magnetic recording, drawing, or similar thing by which informationhas beenpreserved, fromwhich information can be retrieved and copied, andwhich is in the possessionof the Department. The termdoes not include: (6-10-88)

a. Materials legally owned by a Department employee in his or her purelypersonal capacitYi or (6-10-88)

b. 

### Materialspublishedby non-Department organizations which are readily available to the public, such as books, journals, and periodicals available through reference libraries,
even if suchmaterials are in the possession of the Departmenti or (6-10-88) 

# 4It

### HAZARDOUS WASTE IDAPA l6.0l.5750,02.c.

c. 

### Compilations of material from existing records. (6-10-88) 

# o 03. 

### Records Exempt from Disclosure

a. Confidential business records. The Director may certify records as confidentialupon a request demonstrating, to the Director's satisfaction, that public availabilityof specific records would divulge methods, processes, or activities constituting trade secrets. ,Failure to request confidentialityormake the required showing at the time the record is obtained or submitted shall subject the record topublicdisclosure requests without notice. (6-10-88)

i. 

### Anybusiness seeking confidentiality of records submitted to the Department, shall submit the records in a sealed

.envelope marked**"CONFIDENTI~L"** 

### along

\ 

### with a request for confidentiality. Any business seeking confidentiality.of records not submittedby the business, but obtainedby the Department through inspection or other means, shall submit
a request for confidentiality within twenty (20) working days from the date the recordwas obtained. Arequest for confidentiality shall be inwriting and 

# o

include the following: (6-10-88) (a) Identificationofall information in the recbrd claimeda&confidentialin a manner which clearly distinguishes such information from other information for which
no claim ismade; and (6-10-88) (b) Anaffidavit statinghow and why disclosure of the record would divulge trade secrets) including a showing that the business has taken and will maintain reasonable
measures tion; the to protect the informainformation is not reasonably available by legitimate nonjudicialmeans topersons other than the government without consent of thebusiness; and, disclosure of the information is likely to substantiallyharmthe competitivepositionof the business. (6-10-88) 

# ·0

### HAZARDOUS WASTE IDAPA l6.0l.5750,03.a.ii. 

# • ii. The Director shall, within twenty (20) woiking days after receiving the request, accept or reject any request for confidentiality. (6-10-88) (a) When the request is satisfactory to the Director, inwhole or part, the recordor relevant**~art** 

### shall" be certifiedby the Director as confidential and is 

### exempt from disclosure to thepublic. The person requesting confidentiality shall be promptly notified. (6-10-88)



# • (b) When the request is not satisfactory to the Director, in whole or in part, the person requesting confidentiality shall be promptly notified of that decision and given at least ten (10) working days to supplement the request or limit the scope of records to which the requestpertains. If the supplement is not submittedwithin the time period allowed or is unsatisfactory to the Director, the Director shallpromptly notify theperson of that determination and provide twenty (20) working days inwhich to file an appeal. If written appeal to'theDirector is not filed within the twenty (20) day period, or the Director denies the request for confidentiality after a hearing on the appeal, the record shall be subject to pUblic disclosure. The Director's action on the appeal constitutes final agency action for purposes of judicial review under the Administrative ProceduresAct.**(6~10-88)** 

### b. Confidential department records. The Director may decline disclosure of a record, or part thereof, if the record contains or its disclosure would reveal matters that are: (6-10-88)
i. Specificallyexempt from disclosure by 

# • Idaho statute or regulations; or (6-10-88)

i i	 . 

### Interagency or intra-agency memoranda
or letterswhich would not be available

### HAZARDOUS WASTE IDAPA 16.01.5750,03.b.ii.

by law to a party other than an agency in litigationwith the_Department; or (6-10-88) 

# 0

iii. Investigatory records compiled for enforcement purposes, but only to the extent that disclosure of such records would: (6-10-88)

(a) 

### Interfere with enforcement proceedings; or (6-10-88) (b) Deprive a personof a right to a fair trial or an impartial adjudication; or (6-10-88) (c) Constitute an unwarranted invasion of personal privacy: or (6-10-88) (d) Disclose the identityof a confidential source: or (6-10-88)

(e) 

### Disclose investigative techniques andprocedures: or (6-10-88) (f) Endanger the life or physical safetyof enforcement personnel. (6-10-88) 

# o 04. Request Procedure andAppeals

a. Record requests. Record requests shall be made in writing describing the record sought in a manner which reasonably allows identification and locationof the record. The request shall be addressed to the Bureau of Hazardous Materials, Divisionof Environment, Department of Health andWelfare, 450 West State Street, 3rd Floor, Towers Building, Boise, Idaho 83720. (6-10-88)
i. Any request for records which are prepared by the Department for routine distribution, i.e., pamphlets, copies of speeches, press releases and educational materials, may be made orally or inwriting and the Department shall honor such requests in a reasonably prompt and informalmanner. (6-10-88)

ii. The Department shall make reasonable**effo~ts** 

### toassist in the identification and description of records sought and the formulation of record requests. The Department may seek to narrow the scope 

# o

### HAZARDOUS WASTE IDAPAl6.0l.S7S0,04.a.ii. 

# • of broadly stated requests through consultation and agreement with the requestor in order to reduce the administrative burden of processing broadly stated requests and minimize the fees payable by the requestor. (6-10-88)

iii. If the description of the records sought by a request is not sufficient to reasonably allow the Department to identify and locate the requested records, the Department shall notify the requestor that the request cannot be further processed until additional information is furnished. (6-10-88)



# • b. Initial determination. The Department shall respond to requests within a reasonable period of

.time, but not later than twenty (20) working days after receiving the request, in writing stating which of the requested records will, and which will not be available for inspection and copying, and the reason for denial of any request. Any denial shall include notification that an appeal may be made in writing within thirty (30) calendar days of receipt of the denial. (6-10-88)

i. Any period of time between Department notification that the request does not reasonably identify the records sought, and the date on which the requestor responds shall be excluded from the twenty (20) working day period. (6-10-88)

ii. Any person**makin~** a request pertaining to a record being considered by the Director for certification as confidential business information shall be notified that the request cannot be further processed until a final decision as to the confidentiality of the business record is reached by the Director. Any period of time between the date of the notice and the final decision shall be excluded from the twenty (20) working day period. (6-10-88)

iii. Any periooof time between the date of 

# • notice that prepayment or assurance of payment of fees generated by the request is required, and the date on which payment pr other satisfactoryHAZARDOUS WASTE IDAPA 16.01.5750,04.b.iii.

arrangement is made shall be excluded from the twenty (20) working day period. (6-10-88) 

# o

c. Administrative appeal. Any person whose request has been denied in whole or part by an initial determination may appeal that denial within thirty (30) calendar days of recelvlng the initial determination. The appeal shall be made in writing and addressed to the Bureau of Hazardous Materials, Divisionof Environment, Department 6f Health and Welfare, 450 West State Street, 3rd Floor, Towers Building, Boise, Idaho 83720. (6-10-88)

i. The appellant shall be afforded a hearing by the Director and a final decision shall.be made by the Director, in accordance with the contested case provisions of the Idaho Administrative Procedures Act, Title 67, Chapter 52, Idaho Code. (6-10-88)
(a) The hearing and final decision on the appeal shall be completed within thirty (30) working days of the Department's receipt of the written appeal unless the parties agree otherwise. (6-10-88) (b) The Director's final decision on the appeal or failure tomake a final decisionwithin the required time period shall constitute final agency action for the purposes of judicial review under the Idaho Administrative Procedures Act. In the event of judicial review, pursuant to Section 12-117, Idaho Code, the court shall award the person reasonable attorney fees, witness fees and reasonable expenses, if the court finds in favor of the person and also finds that the Department acted without
a reasonable basis in fact or law. (6-10-88)

05. Fees. Fees shall be charged to anyperson request

## rng- records for the cost of both Department employee time required to identify, collect, copy, certify or mail requested records and other actual expenses reasonably incurredby the Department in responding to the request. (6-10-88) 

# o 0

### HAZARDOUS WASTE IDAPA l6.0l.5750,05.a. 

# • a. The Departmentmay require fee payment or satisfactory assurance of fee payment before searching for, duplicating or disclosing requested records. The Department shall promptly notify the requestor by telephone or letter of the need tomake payment or provide
assuranceofpayment. (6-10-88)
b. Any fee maybe reduced or waived if: (6-10-88)
i. The cost of seeking and collecting· the fee would exceed the amount of the fee;
or (6-10-88)
ii. The Director determines reduction or waiver of the fee wouldprimarilybenefit the general public. Requests for reductions or waivers of fees may be made with any record request or in response to a Department request for payment or assurance of payment and shall include an explanation of the benefit to the general public.(6-l0-88) 

# • 0'. Interagency and Intra-agencyDisclosures. As necessary, confidential information acquiredby the Department under the provisions of the Hazardous Waste Management Act of 1983, as amended, or these regulations, maybe transmitted toEPA, the United States Department of Transportation, the Idaho StateTax Commission, or such other federal or state agencies which make an adequate showing of need to the Director, provided such transmittal is made under a continued restrictionof confidentiality. (6-10-88)
01.5751

-- 01.5799 (RESERVED) 01.5800, INSPECTION PLAN
01. FreguencyLevels. The Departmentmay, as time and
resources permit, conduct regular inspections of persons or entities subject to these rules, their records, andproperty at approximately the following frequency levels baseduponpotential risk**~o** 

### the public healthor environment. (6-10-88)

a. Commercial TSD facilities or sitesor offsite generator TSD facilities or sites; up toevery day.**(6-~0-88)** 

# • b. Generator onsiteTSD facilities or sites--two (2) totwenty (20) times per year

. (6-10-88)

c. Transport vehicles as necessary. (6-10-88)

### RAZARDOOS WASTE IDAPA 16.01.5800,01.d.

d. T=ansport faci1ities o r . 

### sites--two (2) to

# 0

twelve .(12) times per year. (6-10-88)



### e. Generators-two (2) to twelve (12) times pe':' year. (6-10-88)

01.5850,**ILLE~** 

### ACTIONS

01. False Statements or**Re~resentation5.** 

### Any person who maKes a false s:a:emen: or representation in any**a~~lication,** 

### label, manifest, record,**re~ort,** 

### oermlt 0= other**doc~ent** 

### filed, maintained or·used-for the purpose of complying with these rules or thE

# 0
Act thereby commits a violation. Each false statement or**re~resentation** 

### constitutes a**se~a=ate** 

### and ·distinct vIolation for which civil penalties may be imposed. Any person who knowinglymakes a false statement or representation of the type described above is, in addition to civil penalties, subject to criminal prosecution for the commission of a misdemeanor for each statement or representation. (6-10-88)

02. Failure to**C=~nlv** 

### With**The~e** 

### Rules, The**~.,** 

### or**Ot~er R~~~irements.**  

### Any person wno viola:es**t~ese** 

### rules, the Ace, or any permit, standard, condition, requirement, compliance agreement or order issued ·pursuant to these rules or the Act thereby commitsro 

### a violation. Civil penalties may be imposed**for~** 

### each separate violation and for each day of a con-­ tinuing violation. Any personwho.knowingly**commits~** 

### .;a violation of the type described above i

## 7, . in

### u

addition to civil penalties, subject to**cr~m~nal~** 

### prose9ution for the commission of a misdemeanor**for~** 

### each separate violation and for each day of a continuirig violation.**(6-1~-88)** 

### 01.5851 01.5899 (RESERVED) 

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01.5900 EXPENDITURES FROM RAZARDOOS WASTE EMERGENCY ACCOUNTS.HAZARDOUS WASTE IDAPA 16.01.5900 

# • The**Dire~tor** 

### maydeclare a hazardous waste emergency if 

### the publlC health, safetyor the environment are threatened by a release or threat of releaseof a hazardous waste or a substance whichhas become a hazardous waste.**'~**



### Following a hazardous waste emergency declaration, the Department may spend or obligate tobe hundred thousanddollars ($200,000) 

### from spentup to two the Hazardous Waste Emergency Account and from theHazardousWaste Training, Emergency, andMonitoringAccount by appropriation, toobtain equipment andmaterials, conduct investigations, test samples, andemploypersonnel as necessary or eliminateor mitigate the immediate threat and stabilize the situation. The Directormayauthorize the expenditureor obligationofmore than two hundred thousanddollars ($200,OOO) 

### from these accounts inanygiven situation upon a finding by theBoardthat a greater expenditureor obligation isprudent protect thepublichealth,.safetyor and necessary environment. to (6-10-88)

01.5901

-­ 01.5997 

### (RESERVED)

01.5998 

### INCLUSIVE GENDER AND NUMBER. For thepurposes of these 

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" 01.5999 

### rules, words used in themasculinegender include the feminine, or vice versa, where appropriate.**(6-10~38)** 

### SEVERABILITY. The prov1s1ons of these rules are**seVI~r** 

### able and if a provisionor itsappfLcatLon 

### is decl ared invalid for any reason, thatdeclarationwill not affect the validityof the remainingprovisions. (6-10-S8)

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# o APPENDIX A

This ?ppendix displays a numerical listing of the sUbparts with assoc1ated. subpart heading'for all materials incorporated"by reference1n these rules, regulations and standards.

01.5004 HAZARDOUS WASTE MANAGEMENT SYSTEM. 01. General. SUbpartAi 02. Definitions. SUbpart Bi 03. RUle-making Petitions. SUbpart C.

01.5005 IDENTIFICATION AND LISTING OFHAZARDOUS WASTE. 01. General. SUbpartAi 02. Criteria for Identifying the Characteristics of Hazardous Waste and for Listing Hazardous Waste. SUbpart B; 03. Characteristics of HazardousWaste. SubpartC. 04. Lists of HazardousWastes. Subpart D.

01.5006 STANDARDS APPLICABLE TOGENERATORS OFHAZARDOUS WASTE. 01. General. SUbpartAi 02. Manifest. SUbpart Bi 03. Pre-transportRequirements. Subpart Ci 

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04. Recordkeepinq and Reporting. Suppart Di 05. Special Conditions. Subpart Ei 06. Imports ofHazardousWaste. SUbpart Fi 07. Farmers. SUbpartG.

01.5007 STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE. 01. General. SUbpartAi 02. Compliance with the Manifest System and Recordkeepinq. Subpart Bi 03. HazardousWaste Discharges. SUbpart C.

01.5008 STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES. 01. General. SUbpart Ai 02. General Facility Standards. SUbpart Bi 03. Preparedness Prevention. SUbpart Ci 04. Contingency Plan and Emergency Procedures. SUbpart Di 05. Manifest System. Recordkeeping. and Reporting. SUbpart E; 06. Release from Solid Waste ManagementUnits. SUbpart F; 07. Closure and post-Closure. SUbpart G; 08. Financial Requirements. Subpart H; 

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1 I ' 

# /UI

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09. 10. 11. 12. 13. 14. 15.

01.5009

01. 02. 03. 04. • 

### , 05.

'"

### ...., 06. 07.


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, 08.

10. 09.

11. 12. 13. 14. 15. 16. 17.

01.5010

01. 02. 03.

04. 05. 06.

07.

01.5011 

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03.

.. 

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-

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'. Use and Management of**containe~s.** Subpart I; Tanks. Subpart J; Surface Impoundments. Subpart K; Waste Piles. SUbpart L; Land Treatment. SubpartM; Landfills. Subpart N; Incinerators. SUbpartO.

INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES. General. SubpartA; General Facility Standards. SUbpart B; Preparedness and Prevention. Subpart C; Contingency Plan andEmergency Procedures. Subpart D; Manifest System, Recordkeeping and Reporting. subpar-t, E;**Ground-Wa~er** Monitoring. Subpart F; Closure and Post-Closure. SUbpartG; Financial Requirements. SubpartH; Use andManagement of containers. SUbpart Ii Tanks. SubpartJ; Surface Impounds. SubpartK; Waste piles. Subpart L; LandTreatment. SubpartM; Landfills. SUbpart N; Incinerators. SUbpart0; Thermal Treatment. Subpart p; Chemical, Physical and Biological Treatment. Subpart Q.

STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE FACILITIES. SubpartA. (RESERVED) Subpart B. (RESERVED) Recyclable Materials Used in a Manner constituting Disposal. SUbpart C; Hazardous Waste Burned for Energy Recovery. SUbpart D; Used Oil Burned for EnergyRecovery. Subpart Ei Recyclable Materials Utilized for Precious Metal Recovery. SUbpart F; Spent Lead Acid Batteries Being Reclaimed. Subpart G.

LAND DISPOSAL RESTRICTIONS. General. Subpart A; Schedule for Land Disposal Prohibition and Establishment of Treatment Standards. Subpart B; Prohibitions on Land Disposal. SUbpart C;

204. 05.

01.5012 01. 02. 03. 04. 05. 06. 07.

01.5013

01. 02.

... "l'." Treatment Standards. Subpart D; Prohibitions on Storage. SUbpart E;

HAZARDOUS WASTE PERMIT PROGRAM. General Information. SUbpartA; Permit Application. SUbpart B: Permit Conditions. SubpartC; Changes to-Permits. SUbpart D: Expiration and Continuationof Permits. SUbpart E: Special Forms of Permits. Subpart F; Interim Status. Subpart G:

PROCEDURES FOR DECISION-MAKING (STATE RCRA ORHWMA PERMIT APPLICATIONS. PROCEDURES FOR

General Program Requirements. SubpartA: Specific Procedures Applicable to Permits. Subpart Bt (RESERVED) RCRA or HWMA



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